Urgent Call for Judicial Intervention in Uttar Pradesh By-elections Amid Allegations of Electoral Malpractices

In light of serious and widespread allegations of electoral malpractices, voter intimidation, police bias, and coercion during the by-elections held on 20th November 2024 in nine key constituencies of Uttar Pradesh, advocate Syed Kaif Hasan of Delhi High Court, and advocate M Huzaifa of the Supreme Court of India, has submitted an urgent letter to the Honourable Chief Justice of India and Honourable Chief Justice of the Allahabad High Court, seeking suo motu cognizance to ensure the sanctity of the electoral process.

The constituencies involved—Karhal (Mainpuri), Sisamau (Kanpur), Katehari (Ambedkarnagar), Kundarki (Moradabad), Mirapur (Muzaffarnagar), Ghaziabad, Phulpur (Prayagraj), Khair (Aligarh), and Majhawan (Mirzapur)—have witnessed a disturbing pattern of misconduct, including police obstruction of voter access, proxy voting, booth capturing, and targeted harassment of political party workers and voters, particularly from minority communities.

Allegations of undue interference from local police, the use of force against voters, and intimidation at polling booths have raised significant concerns about the integrity of the election process. In constituencies such as Meerapur (Muzaffarnagar), Sisamau (Kanpur), and Kundarki (Moradabad), voters, especially women from the Muslim community, have faced extreme measures of coercion, including threats at gunpoint, forcing many to abandon their right to vote. Instances of detained political workers, including the reported torture of a 13-year-old child of an AIMIM candidate, have added further gravity to the situation.

Despite some temporary suspensions of police officials, the Election Commission's limited response to these allegations has failed to address the root causes of systemic abuse, leaving much of the electorate vulnerable to coercion throughout the polling day. The Election Commission's insufficient action has raised concerns about its ability to oversee a fair and transparent election process.

In response to these serious concerns, the petitioners have urged the Honourable Court to:

1. Stay the vote counting scheduled for 23rd November 2024 until a thorough investigation into these allegations is conducted.

2. Mandate a comprehensive investigation by the Election Commission of India into the police misconduct, electoral malpractices, and intimidation tactics used during the elections.

3. Call for re-elections in constituencies where the integrity of the electoral process has been compromised.4. Constitute a Special Investigation T eam (SIT) to independently examine allegations of voter suppression and police harassment.

4. Issue stringent guidelines to ensure enhanced accountability and oversight of law enforcement agencies during electoral processes.

The applicants also seek the Court’s intervention in upholding the fundamental right to a free and fair election, ensuring that the will of the people is reflected untainted by corruption or coercion.

This appeal comes in the wake of mounting concerns about the fairness of the electoral process in Uttar Pradesh and the growing mistrust among the electorate. As India’s democracy continues to face challenges, it is imperative that the judicial system step in to safeguard the core principles of universal suffrage and electoral integrity.

For media inquiries, please contact: [office.mhuzaifa@gmail.com; Kaifhasan98@gmail.com]